ABHINAV KUMAR Vs. STATE OF BIHAR

JUDGEMENT

(1.) This application has been filed for quashing of the order dtd. 1/12/2018 passed by learned Sub Judge, VIII -cum-A.C.J.M.-VI, Begusarai, in Complaint Case No.1804 of 2017, by which the learned Judge has taken cognizance against the petitioner for the offence under Ss. 498-A of the Indian Penal Code.

(2.) As per the complaint petition, the marriage of the petitioner and opposite party no.2 was solemnized on 28/4/2016 in a temple as per Hindu rites and rituals. The allegation against the petitioner is that earlier he was married to one Nidhi Kumari and the said marriage got dissolved with mutual consent of the parties but this fact has been concealed from the complainant at the time of marriage. Further allegation is that the petitioner is impotent and used to torture the opposite party no.2.

(3.) Sri Amit Srivastava, learned senior counsel assisted by Sri Apurv Harsh, learned counsel for the petitioner submits that before the marriage, the opposite party no.2 was well aware about the first marriage of petitioner and also the divorce with the first wife. He further submits that opposite party no.2 has left her matrimonial home on 16/8/2016 itself and thereafter on 6/5/2017 i.e. after eight months of abandoning her husband, the opposite party no.2 filed Matrimonial Case No.34 of 2017 in the Court of Principal Judge, Begusarai, for divorce on the ground of impotency and thereafter, the present complaint case has been filed on 31/10/2017 only with a view to harass the petitioner and his family members.